Terms of Use
Table of Contents
- CONDITIONS OF USE
- USER ACCOUNTS
- CREATORS ON POPZO
- Content
- Creator Accounts
- License to Creators
- Processing of Personal Information by Creators
- Creator Fee
- Platform Service Charge
- Payments
- Creators Based in India
- Non-Furnishing of GST Registration Certificate by Indian Creator(s)
- SUBSCRIBERS ON POPZO
- Subscriber Account
- License to Subscribers
- Digital Content and Virtual Products
- Payments
- Cancellation of Products and Subscriptions
- ACCESS TO THE PLATFORM
- Internet and Browser Requirements
- App Permissions
- COMMUNICATION ON THE PLATFORM
- Removal of Offensive Links
- Communication regarding Subscriptions
- Data accessibility
- User Responsibility
- Content Availability and Transactions
- DISCLAIMER OF WARRANTIES
- LIMITATION OF LIABILITY
- CONTENT LIABILITY
- Uploading Content on the Platform
- Claims Against User Content
- INDEMNIFICATION
- INTELLECTUAL PROPERTY AND RIGHTS
- Popzo's Content
- Feedback
- User Content
- Copyright Complaint and Takedown Policy
- Counter-Notice
- Repeat Infringer Policy
- Trademarks
- Impact of IPR Violation or Breach on Content
- CHANGES TO TERMS OF USE/SERVICE
- POPZO'S RIGHTS
- USER RIGHTS
- TERMINATION OR SUSPENSION
- Account Deletion by User
- Provisions after Termination of Agreement
- DISPUTES
- Governing Law and Jurisdiction
- APPLICABLE LAW AND COMPLIANCE
- Creator or Subscriber based in India
- Creator or Subscriber based outside India
- MISCELLANEOUS
- Creator-Subscriber Relationship
- Privacy and Disclosure of Information
- General Communications
- Assignment
- Waiver
- Illegal or Abusive Conduct
- Severability
- Force Majeure
- Losses
- CONTACT US
1. CONDITIONS OF USE
1.1. These Terms of Service (hereinafter "Agreement") are a contract between You and Popzo App. Other than stated, expressly or impliedly, there are no third-party beneficiaries of this contract.
1.2. This document outlines the terms and conditions for using domain (popzo.app) and all associated features, subdomains, content, functionality, services, media, applications, Discussion Forums, or solutions offered through the Site (collectively the "Platform").
1.3. These terms apply to individuals creating content on the Platform ("Creators") and those using the Platform ("Subscribers"), collectively referred to as "You," "Your," or "User(s)." Unless otherwise specified, "You," "Your," or "User" refers to the individual using the Platform or any legal entity for whom you act as an authorized employee or agent, including all Creators and Subscribers.
1.4. These terms and conditions, together with the Privacy Policy, Platform Guidelines, Content & Creation Guidelines, and Data Processing Agreement (collectively the "Agreement"), govern the relationship and responsibilities between You and Popzo regarding the use of the Platform.
1.5. References to "Popzo," "we," "us," and "our" mean the Popzo, incorporated in India. Please review this Agreement and all other rules and policies available or published on the Platform, as they govern Your use of the Platform and its services. Updated versions of these policies and terms will be periodically made available on the Platform for Your reference to understand how we manage Your personal information. The updated or modified versions of the policies shall be notified to You through email notifications and/or displayed on the Platform seven (7) days before going live on the Platform.
1.6. Your continued access or use of the Platform will be considered to represent to Popzo that You have read, understood, and expressly agree to be bound by this Agreement, and the terms, conditions, and notices contained within, whether You simply browse and access the Popzo Platform or become a Creator and offer Your courses, Services, or products, or become a Subscriber on the Platform.
1.7. If You do not agree with any of these terms or do not wish to be bound by them, please refrain from using the Platform. By entering into this Agreement, You represent and warrant that You have the full authority to do so and that entering into this Agreement does not violate any other agreements to which You are a party.
1.8. Our website and service may only be used within the scope of what is provided for, under these terms and applicable law.
1.9. You are solely responsible for ensuring your use of our website and service does not violate any laws, regulations, or third-party rights.
1.10. Access to the Platform is conditional. Therefore, the Users have the responsibility to read this Agreement carefully and ensure that You understand it. Let us know if You have any queries regarding it. In case You do not accept any provision or part of the provision in this Agreement, then You may not be able to access the Services or products offered by Creators on this Platform.
1.11. Zero Tolerance Policy: Popzo maintains zero tolerance for objectionable content or abusive users. We are committed to providing a safe and respectful environment for all users. Any content or behavior that violates our content guidelines, promotes hate, discrimination, harassment, violence, exploitation, or any form of abuse will result in immediate action, including content removal, account suspension, or permanent termination without prior notice.
2. USER ACCOUNTS
2.1. To access and use the Platform, and any products or Services provided by the Creators, You will be required to register on the Platform and create an account.
2.2. While creating an account you automatically give your consent indicating and representing that the information provided by You while completing registration and creating an account is complete, true, accurate, and meets the eligibility requirements established on the Platform. You agree to modify and rectify the information available to Us as and when it requires any change or update.
2.3. Registration and account creation on Popzo is free for both Creators and Subscribers. Popzo does not charge any fee to the Users to access the Platform.
2.4. The User is responsible for all the activities occurring through their Account. We reserve the right to disable any username, password, or other identifier, whether chosen by You or provided by Us, at any time if, in our opinion, You have violated any provision of this Agreement or any law of the land applicable or otherwise.
2.5. The User shall read the Content and Platform Conduct Guidelines.
Information Collected for Registration and Account Creation
2.6. Creator: Creators shall provide Personal Data such as their name, email address, and mobile number. You shall create a unique username and password for Your Account, and include a brief 'bio' or description about Yourself. You shall have the option to upload a photograph and/or provide links to Your social media accounts or profiles, YouTube channel(s), websites, blogs, etc. with the intention of enhancing Your brand presence.
2.7. Subscriber: You shall provide Your name, phone number, Instagram username and email address.
2.8. The User shall read the Privacy Policy of Popzo to understand the handling of their information and Personal Data by Us.
2.9. You shall read Our Privacy Policy to gain an understanding of Our information management procedures. You warrant that the information provided by You during Registration is accurate and complete, that You meet the eligibility criteria for using the Platform, and that You will update the Registration information if there are any changes.
Age Restriction
2.10. You have to be 18 years of age, to sign up, access and use the Platform. You agree to provide Your explicit Consent when you signup on the platform. An individual below the age of 13 years can neither use and access nor register for an account on this Platform.
2.11. If You are between the ages of 13 to 18 years, then You must have Your parents or legal guardian's permission. If you are a parent or legal guardian of a minor (i.e. 13 to 18 years), by allowing your child to use the Platform, you are subject to the terms of this Agreement and responsible for your Child's activity on the Platform.
Compatible Devices
2.12. Users can access the Platform for the purposes of creating Content, publishing and/or viewing the Content on the Platform, You shall use a personal device, such as a computer, mobile phone, portable media player, or any other electronic device fulfilling the compatibility requirements set by the Platform ("Supported or Compatible Device"). It is the responsibility of the user to maintain the supported or compatible device along with a supported and compatible software version to avail and access the Platform.
2.13. The requirements for supported or compatible devices may change or be updated from time to time. The User shall maintain their devices in accordance with the new changes or updates to the software to continue their access to the Platform. However, a supported or compatible device or software might cease to be one due to reasons not related to the Platform.
Passwords and Security
2.14. The User acknowledges that the User Account is personal to them and agrees to not provide any other person(s) (not Users of the Platform), other Users, or legal entity with the Account access credentials and passwords.
2.15. The User Account credentials and passwords meant to access and use the Platform shall be maintained in a confidential manner by the Users. You shall take reasonable steps and measures to maintain the confidentiality and security of Your passwords.
2.16. To prevent unauthorised access to Your Account the User is solely responsible for taking measures to restrict access by unknown persons or other Users to their device(s).
2.17. Users should exercise caution while accessing their Account through a public, shared or unknown device(s), to avoid the detection, recording, or viewing of Your username, login credentials, passwords, account details and/or other information.
2.18. In the instance Your password has become known to other person(s) or Users or entities due to any reason, You shall immediately change the said password. In case You are unable to change the password or are unable to log into Your Account to unauthorised access, You can contact Us and inform Us, so We can take immediate and appropriate action in relation to it and prevent further harm.
Payments
2.19. For Subscribers: To provide a more user-friendly payment experience, We utilise third-party payment processors for handling transactions related to products, services, or other content purchased through the Platform. Specifically, we employ Razorpay for Subscribers in India.
2.20. For Creators: For processing payouts to Creators, we use RazorpayX.
2.21. Third-Party Payment Processors: It is important to note that Razorpay are independent third-party service providers. These providers may impose fees for using their services and may require your Personal Data to process transactions on the Platform. Therefore, we recommend that you review the terms of service, Privacy Policy, and other relevant policies of Razorpay to understand how your data will be managed. Popzo is not affiliated with Razorpay and none of these entities are agents or employees of each other.
2.22. When purchasing products or services through the Platform, Users may be redirected to external websites operated by Razorpay, In such circumstances, We cannot and do not –
i. guarantee the adequacy of the privacy and security practices of Razorpay or the content and media provided on their websites, or ii. control the collection or use of your personal information by these providers.
2.23. You agree that you are solely responsible for all charges incurred through Razorpay.
2.24. Popzo shall not be liable to you for any claims arising from any acts or omissions by Razorpay, including but not limited to any lost, stolen, or incorrectly processed payments. The Popzo expressly disclaims any responsibility and liability for all services provided by Razorpay.
3. CREATORS ON POPZO
Content
3.1. The Content uploaded on the Platform shall be categorised by the Creator in appropriate categories based on the (a) Context; (b) Theme; (c) Tone and Impact on the audience; and (d) Target Audience. These categories shall be observed with adherence to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules of 2021
3.2. There shall be clear age-wise categorisation of the Content.
3.3. The Creators shall strictly adhere to not upload any Content (image, course, text or video that promotes, depicts, or preaches about nudity, sexual abuse, pornography, paedophilia, necrophilia, child pornography, human and sex trafficking, cult ideologies, drug and alcohol abuse/addiction, racial or communal hatred, violence, self-harm behaviour, etc.
3.4. About the above-mentioned clause, the Subscribers shall also adhere to limiting interaction and promptly reporting any Content that is found to be violative of the Platform's code, guidelines, policies or any existing law by reaching out to the Grievance Officer. The Subscriber shall adhere to not post, comment or incite any behaviour as mentioned in the above clause and the Platform guidelines.
Creator Accounts
3.5. Once registered successfully on the Platform, the Creators are assigned a sub-domain based on the information provided by them
License to Creators
3.6. You as a Creator on Popzo retain ownership rights in Your Content. However, You grant us certain rights and other Users of the Platform.
3.7. Popzo grants the Creator a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Platform for your own personal and commercial purposes in accordance with the terms of this Agreement.
3.8. Unless expressly permitted under this Agreement or otherwise in writing, You shall not reproduce, duplicate, copy, sell, redistribute, create derivative works or otherwise exploit this Platform or any portion of this Platform, including the intellectual property right and other proprietary information.
Processing of Personal Information by Creators
3.9. Popzo's Data Processing Agreement ("DPA") is an integral part of this Agreement and outlines the obligations of both Creators (as Data Processors and Data Fiduciaries) and Popzo (as Data Fiduciaries) regarding the processing of personal information.
3.10. Creators are responsible for safeguarding all Personal Data they receive from or provide to Popzo in relation to their use of the Platform or any Services.
3.11. Creators agree to comply with the terms of the DPA as applicable.
3.12. In addition to adhering to the terms of the DPA, Creators shall provide an appropriate privacy notice to their Subscribers, respect their privacy rights in accordance with applicable data protection law, and grant access to or delete Subscribers' Personal Data or any other personally identifiable information upon request received by Our Data Protection Officer or as required by applicable law.
Creator Fee
3.13. Popzo asserts that Creators must possess full autonomy to determine the pricing of the Content they offer (hereinafter "Creator Fee"). The Creators bear the exclusive responsibility for establishing and setting the prices for their Content on the Platform at their sole discretion. Popzo holds no responsibility for the pricing decisions made by the Creators.
3.14. The Subscribers are required to pay the Creator Fee set by the Creator to access the Content and Services offered by the Creators on the Platform.
Platform Service Charge
3.15. We charge Creators, who create and publish Content on Our Platform, a percentage of the Creator Fee set by the Creator for making available the Services with all its features on the Platform. This charge is referred to as the "Platform Service Charge."
3.16. The Platform Service Charge is inclusive of GST for Non-GST Registered Creators and is exclusive of GST for GST Registered Creators.
Payments
3.17. We recommend that You periodically review Razorpay terms to understand with full capacity and capability any charges levied by them in the form of service fees to Creator for each transaction. By using any of these third-party payment service providers, You agree to be governed by their respective Terms and Conditions, Privacy Policy, and any other relevant policies.
3.18. Regarding Your transactions, you are solely responsible for all applicable taxes, costs, filings, and any other obligations that may arise from the sale of your Content via the Platform. Popzo is neither responsible for nor does it collect, pay, remit, or otherwise settle on your behalf the taxes owed by you on Content you sell through the Platform.
3.19. We will deduct a six (6) per cent equalisation levy from any payments made to Creators based outside of India or Creators belonging to foreign countries for online advertising services provided to Popzo.
3.20. The Creators have the sole discretion to set the Creator Fee for each piece of Content on the Platform, without any input from Popzo. The Creator is bound by the refund policy and adheres to the Terms of Use and the Content and Platform Guidelines.
3.21. Popzo holds no responsibility for accepting or rejecting Content enrolments in the event of any payment issue. The Creator agrees that if a payment is processed through Razorpay, such processing authorizes the Company to deliver the Content materials to Subscribers through the Platform.
3.22. Popzo is not a party to third-party service providers, such as Razorpay, in the instance of the authorisation process. Popzo is not responsible for authorising credit card charges through these providers.
3.23. General guidelines concerning payment invoices –
i. The name of the Subscriber and the nature of the purchased Content to be specified in the invoice; and ii. The invoices issued to Your Subscribers through Popzo shall indicate that You are the supplier of the Content.
Creators Based in India
3.24. To Creators based in India, the GST is applicable once they breach the threshold exemption (threshold exemption means Turnover of Rs. 20 Lacs or Rs. 10 Lacs in case of special category states) and need to, compulsorily, register themselves with the GST authorities and charge the prescribed GST from the users and pay the same to the GST authorities.
3.25. You hereby agree to follow the rules, and guidelines of the GST and absolve Popzo of any liability arising out of the said GST.
Non-Furnishing of GST Registration Certificate by Indian Creator(s)
3.26. In the instance, that You fail to furnish the GST Registration Certificate to Popzo after exceeding the threshold exemption on the Platform, then –
i. Popzo will commence collecting eighteen (18) per cent GST, sending invoices to Subscribers on Your behalf, and remitting the same to the GST authorities.
ii. Billing: Popzo will generate the GST invoices to the Subscribers for the full Creator Fee, and the Creator will generate an invoice to Popzo for an amount equivalent to: Creator Fee – Platform Service Charge = Creator's Invoice to Popzo
3.27. Upon receiving the submission of Your GST registration certificate to Popzo, You may resume generating invoices to the customers directly as usual, and Popzo will issue an invoice to You solely for the Platform Service Charge.
4. SUBSCRIBERS ON POPZO
Subscriber Account
4.1. Once registered successfully on the Platform, the Subscriber shall be allowed to access and use the Platform. Subscribers can access the dashboard available on their Account that lists all the Content and subscriptions they have availed or shown preference to while registering on the Platform.
License to Subscribers
4.2. Popzo grants the Subscriber a limited, non-exclusive license to access and use the Platform for Your personal use.
4.3. This license does not grant You the right to assign or sublicense the license granted under this Agreement to any other person(s) or legal entity.
4.4. Unless expressly permitted by Popzo under this Agreement or otherwise in writing, You will not reproduce, duplicate, copy, sell, resell, redistribute, create derivative works or otherwise exploit this Platform or any portion of this Platform, including the intellectual property rights or any other proprietary information.
Digital Content and Virtual Products
4.5. You are not obligated to purchase or use any product or Service offered by the Creator. Your access to or enrollment in any Content is subject to the terms and conditions set by the respective Creator(s), at their sole discretion, without any input from Popzo. If You encounter any issues in this regard, please contact the respective Creator for resolution.
4.6. Popzo and the Platform are based in India. You agree to comply with all such applicable laws related to viewing or accessing any piece of Content or Virtual Product due to foreign countries or other applicable Content control laws or regulations.
4.7. If You access and download the Content Virtual Product, You represent that You are not in a country where such Content or Product is prohibited or are not a person or entity to which such export is prohibited. You are solely responsible for compliance with the laws of Your local jurisdiction and any other applicable laws regarding the accessing, using, or viewing of the Content.
Payments
4.8. The Subscriber will be charged a Creator Fee when signing up for a Creator's Content or other subscriptions. Such payment shall be processed as applicable by Razorpay.
4.9. We suggest that You carefully read the Terms and Conditions associated with Razorpay. We believe that You read and understand the provisions of their Terms and Conditions regarding payments being subjected to applicable taxes while using such third-party service providers.
4.10. Popzo claims to only act as an intermediary between the Creator and the Subscriber. Therefore, we assume the role of the facilitator for the payment-related transactions between You and the Creator. Therefore, we will not be held responsible for the Creator's Content, the Creator Fee(s), payment processing or refunds.
4.11. When you provide payment information, you represent and warrant that the information is accurate, that you are authorised to use the payment method provided, and that you will notify us of changes to the payment information. We reserve the right to utilise third-party payment card updating services to obtain current expiration dates on credit/ debit cards.
Cancellation of Products and Subscriptions
4.12. In case You proceed forward with the cancellation of either Your subscription to a Creator or any product/Content You purchased from a Creator, then You can email us on contact@popzo.app.
i. Digital Products or Services: When You purchase digital products or services or access paid Content, You Consent to the delivery of the same. ii. Subscription to Creator Website or Content: You can cancel Your subscription to the Creator's website or Content anytime. Once the subscription is cancelled, the access to previously purchased or subscribed Content will persist till the end of its expiration date.
5. ACCESS TO THE PLATFORM
Internet and Browser Requirements
5.1. You may need a high-speed Internet connection and/or minimum browser requirements to access and use certain aspects of the Popzo. You are required to review the minimum requirements necessary for the use of specific aspects of the Platform.
5.2. If You access the Platform via a mobile network, Your network or roaming provider's data and other rates as well as fee(s) will apply.
App Permissions
5.3. If You use the Popzo App, You may grant certain permissions to Us for Your device and/or accounts. Most mobile device Platforms provide additional information regarding these permissions and how, if possible, to change Your permission settings. By downloading, installing or using the Popzo App, You agree to receive automatic software updates (as and when available).
6. COMMUNICATION ON THE PLATFORM
Removal of Offensive Links
6.1. The Platform reserves the right to remove any and all links or Content that, (a) violates Indian laws, including but not limited to those related to obscenity, defamation, hate speech, national security, and intellectual property; (b) contravenes the Platform's community guidelines or terms of use; and (c) is reported by the Users or Authorities as potentially offensive or illegal.
6.1.1. The Platform may remove such content without prior notice and take appropriate action against the user's account. Users are encouraged to report offensive links. The Platform will review reports promptly and cooperate with law enforcement when necessary.
Communication regarding Subscriptions
6.2. The Platform offers Subscriptions to facilitate communication between you, Creators, and other Subscribers. The Popzo does not specifically monitor these Subscriptions but may terminate or suspend your access if it receives complaints of misconduct or deems it necessary. You acknowledge that User Content, including chats and postings, is neither endorsed nor controlled by Popzo. You are solely responsible for the content you publish, including its legality, reliability, accuracy, and appropriateness, and you warrant that you have the rights or licenses to use and reproduce any content you upload.
Data accessibility
6.3. We ensure that all Your information and Personal Data, including discussions on Subscriptions, is accessible only per the terms of Our Privacy Policy.
User Responsibility
6.4. Popzo disclaims all liability for activities on the Platform. You are responsible for the information You share and for the actions of other Users. As a condition of using the Services, You agree to comply with the restrictions and terms outlined in this Agreement.
Content Availability and Transactions
6.5. You acknowledge and consent that the Platform permits you, as a Creator, to offer your Content for sale to Subscribers at any indicated price, accessible at any time and from any location. As a Subscriber, the Platform allows you to purchase Content provided by Creators. You further acknowledge that Popzo acts solely as a facilitator and does not participate in or control transactions on the Platform. Consequently, the sale of Content or products on the Platform constitutes a direct contract between the Creators and Subscribers.
7. DISCLAIMER OF WARRANTIES
7.1. YOU AGREE THAT THE PLATFORM, CONTENT, AND ALL MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND YOUR USE OF THE PLATFORM SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, POPZO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM AND EXCLUDE ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PLATFORM AND YOUR USE THEREOF.
7.2. TO THE FULLEST EXTENT PERMITTED BY LAW, POPZO EXCLUDES ALL WARRANTIES, CONDITIONS, TERMS OR REPRESENTATIONS ABOUT THE ACCURACY, SECURITY, RELIABILITY, QUALITY, AVAILABILITY OR COMPLETENESS OF THE PLATFORM, USER CONTENT ON THE PLATFORM, OR THE CONTENT OF ANY SITES SO LINKED AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF USER CONTENT OR ANY CONTENT ON THE PLATFORM, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY USER CONTENT OR ANY OTHER CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY USER CONTENT OR ANY OTHER CONTENT THAT IS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM.
7.3. POPZO DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY USER CONTENT OR THE PLATFORM ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLATFORM OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND POPZO WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF USER CONTENT OR SERVICES.
7.4. AS WITH THE PURCHASE OF A SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
8. LIMITATION OF LIABILITY
8.1. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL, POPZO, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE, LOSSES OR EXPENSES OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF, RESULTING FROM, OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, ANY CONTENT ON THE PLATFORM, OR SUCH OTHER SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM INCLUDING, BUT NOT LIMITED TO ANY –
i. ERRORS, MISTAKES, OR INACCURACIES OF USER CONTENT OR ANY OTHER CONTENT AVAILABLE ON THE PLATFORM, ii. PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR PLATFORM, iii. ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, iv. ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM, v. ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR PLATFORMS BY ANY THIRD PARTY, AND/OR vi. ANY ERRORS OR OMISSIONS IN ANY USER CONTENT OR ANY OTHER CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT POPZO IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8.2. YOU SPECIFICALLY ACKNOWLEDGE THAT POPZO SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
8.3. THIS PROVISION APPLIES TO ANY CLAIM, REGARDLESS OF WHETHER THE CLAIM ASSERTED IS BASED ON WARRANTY, CONTRACT, OR ANY OTHER LEGAL REGULATION OR THEORY.
8.4. THE PLATFORM IS CONTROLLED AND OFFERED FREE OF CHARGE BY POPZO FROM ITS FACILITIES IN INDIA. POPZO MAKES NO REPRESENTATIONS THAT THE PLATFORM IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE PLATFORM FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
9. CONTENT LIABILITY
Uploading Content on the Platform
9.1. By uploading Your Content on the Platform, You agree to the following terms –
i. Responsibility and Ownership: You are solely responsible for your Content, and you own or otherwise control all rights to your Content. Your Content does not infringe upon the intellectual property rights of others, and you have obtained all necessary rights and licenses from third parties who may own your Content or any part thereof.
ii. Lawful Content: Your Content made available on the Platform is lawful and does not incite any violation of applicable laws. You respect the rights of fellow Users and do not violate their privacy.
iii. Content-Type: The Content uploaded shall not be of such nature as misleading, defrauding, harmful, abusive, deceptive, obscene or otherwise.
iv. Impersonation: The Content shall not be found to be created with an intention to illegally impersonate or defame any other living or dead person or legal entity.
v. Compliance with Policies: Your Content does not breach any applicable policy or guideline of Popzo, including this Agreement. You acknowledge that you have read, understood, and accepted all of Popzo's policies and guidelines. Neither you nor your Content will cause distress or injury to any person or entity, and your Content is not defamatory.
vi. Sole Discretion to Upload: You have provided your Content to the Platform at your sole discretion, and Popzo does not certify or approve the uploading of your Content on the Platform.
vii. Grant of Rights: In furtherance of Popzo's services, you grant Popzo non-exclusive, royalty-free, transferable, and sublicensable rights to use, copy, distribute, retain, and transmit your Content as well as technical information collected via the Platform to the extent necessary to:
a. provide the Platform and our services; b. perform our obligations under this Agreement; c. provide, monitor, correct, and improve the Platform and related services; d. de-identify User data such that it cannot reasonably be used to identify any individual or User as the source of such data; e. aggregate User data with other data; and f. comply with applicable laws.
Claims Against User Content
9.2. The Users will have access to Content, links to websites, and services provided through the Platform.
9.3. You agree and consent that the use of any Content or material provided on this Platform or a third-party website is at Your own risk. Popzo does not actively monitor, control, warrant, or make any claims or representations regarding the accuracy, completeness, or usefulness of any Content or material provided by Users on the Platform and accepts no responsibility for reviewing changes or updates to, or the quality, Content, policies, nature, or reliability of such Content or material. Though no Content in violation of our Content Guidelines shall be tolerated on Our Platform.
9.4. Popzo disclaims all liability and responsibility arising from any reliance placed on such materials by you.
9.5. All statements and opinions expressed in these materials, as well as all articles, responses to questions, and other Content, except for the Company's own Content, are solely the responsibility of the individual or entity providing those materials.
9.6. You should review the applicable terms and policies, including privacy and data collection practices, of any third party and conduct any investigation you deem necessary or appropriate before proceeding with any transaction with any third party.
10. INDEMNIFICATION
10.1. To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Popzo, its parent company, affiliates, subsidiaries, directors, officers, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising from or relating to:
a. Your use of or access to the Platform; b. Your violation of any provision of these Terms of Use; c. Your infringement or violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right; d. Your violation of any applicable laws, rules, or regulations; e. Any content or material you submit, post, transmit, or otherwise make available through the Platform; f. Any misrepresentation made by you; or g. Any claim that your actions or content caused damage to a third party.
10.2. You agree to cooperate fully with the Indemnified Parties in the defence of any claim that is subject to indemnification under this section.
10.3. We reserve the right, at Our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you. In such a case, you agree to cooperate with Popzo in asserting any available defences. Popzo's exercise of its right to assume the defence and control of any matter shall not be construed as an admission of fault or liability.
10.4. For the purposes of this Agreement, "Loss" shall mean all losses, liabilities, damages, awards, settlements, claims, suits, proceedings, costs, and expenses, including but not limited to, (a) Reasonable legal fees and disbursements; (b) Costs of investigation, litigation, settlement, and judgement; (c) Interest and penalties; (d) Any amounts paid to third parties; and (e) Any other out-of-pocket expenses incurred in connection with the indemnification event.
10.5. This defence and indemnification obligation will survive the termination of this Agreement and your use of the Platform. Nothing in this section shall be construed to limit any other remedies available to Popzo under the applicable law or otherwise.
11. INTELLECTUAL PROPERTY AND RIGHTS
Popzo's Content
11.1. The Popzo retains ownership of all information and materials in the same form or medium as provided or communicated to You by or on behalf of the Popzo, including, but not limited to, the Platform, illustrations, letters, images, ideas, concepts, the layout, design, flow, look and feel of the Platform, logos, marks, graphics, audio files, video files, any software owned by or licensed to the Popzo, the underlying source and object code, instructions embedded in any digital documents, and other data, information, or material made available to You by the Popzo ("Popzo Content").
11.2. You are not permitted to modify the Popzo Content, including its trademarks, in any way.
11.3. You acknowledge and agree that Your use of the Platform does not grant You any ownership rights to the Popzo Content or the Platform.
11.4. You also acknowledge and agree that the Popzo Content is protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws, and any unauthorized use, reproduction, modification, distribution, transmission, republication, display, or performance of the Popzo Content or any part thereof is strictly prohibited.
Feedback
11.5. If the Creators and their Subscribers (collectively the "Users") submit suggestions, ideas, comments, or questions, containing product feedback about or posted through the Platform, then the Users grant Popzo and its affiliates a worldwide, non-exclusive, royalty-free, perpetual, and irrevocable right to use, sublicense, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, and display such Feedback in any form.
11.6. The Users shall acquire no intellectual property rights in the Platform as a result of Popzo's incorporation of such Feedback into the Platform.
User Content
11.7. You shall remain the sole owner of the Content uploaded by You on the Platform. Popzo does not and will not claim any ownership over any Content uploaded by You on the Platform.
Copyright Complaint and Takedown Policy
11.8. The notices are accepted in the language in which this Agreement is made available by Us. We will respond expeditiously to claims of copyright infringement committed using the Popzo Features or Popzo Content that are reported to Our designated Intellectual Property (IP) agent, in accordance with the Indian Intellectual Property Right legislations and judicial orders or, as applicable, other laws.
11.9. For it to be effective, the notification must be in the format mentioned here.
Counter-Notice
11.10. We may send You notice concerning the Content removed or to which access has been disabled to certain material by means of a general notice by an email to the Content owner.
11.11. In the instance, that You find such Content to be not infringing any copyright, or You have the appropriate authorization required from the original owner or the IP owner(s) or pursuant to the law to use and upload such Content in Your Content in accordance with the applicable laws You may send a written counter-notice containing these details to our designated copyright agent in the format mentioned below.
11.12. In the instance, that our designated copyright agent receives a counter-notice, then Popzo will send a copy of the counter-notice to the original complainant informing them that the removed Content may be re-instated or the disabling action ceased.
11.13. In the instance, the copyright owner fails to file an action seeking a court order against the Content provider, member, or User, then Popzo may, at its sole discretion, reinstate the removed Content or restore access to it within a period of ten to fourteen business, after the receipt of the counter-notice.
11.14. For it to be effective, the counter-notice must be in the format mentioned here.
Repeat Infringer Policy
11.15. Popzo per the Indian IPR legislations and other relevant applicable laws in appropriate circumstances and its sole discretion –
i. Reserves the right to terminate Users deemed to be "repeat infringers"; ii. May limit access to the Platform; and/or iii. Terminate any User accounts involved directly or indirectly in the infringement of any intellectual property rights of the other Users, even if it is not a case of repeat infringement.
Trademarks
11.16. For the purposes of this Agreement, the term, "Trademark(s)" refers to all registered trademarks, logos, service marks, trade names, internet domain and sub-domain names, or any other indication of origin now or in the future used by Popzo.
11.17. Nothing contained herein grants or shall be construed to grant you any rights to use any Popzo Trademark, unless expressly conferred by these Terms of Use. You may not at any time, adopt or use, without Popzo's prior written consent any word or mark which is similar to or likely to be confused with Popzo's Trademarks.
11.18. The look and feel of the Popzo website, including all page headers, custom graphics, button icons, and scripts, is the trade dress and/or trademark or service mark of Popzo and may not be copied, imitated or used, in whole or in part, without the prior written consent of Popzo.
11.19. All other trademarks, product names, and company names or logos used or appearing on the Popzo website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Popzo, unless expressly so stated.
11.20. You agree that you will not use Popzo's Trademarks in any manner that might tarnish, disparage, or reflect adversely on such Trademarks or Popzo. You agree that you will not contest or otherwise challenge in any legal action or otherwise, or assist or encourage any other person or entity to contest or challenge the validity of any of Popzo Trademarks or the Trademark rights claimed by Popzo.
11.21. You may not use a Popzo trademark, logo, Image or other proprietary graphic of Popzo to link to the Popzo website without the prior written consent of Popzo.
Impact of IPR Violation or Breach on Content
11.22. If You believe that Your intellectual property rights have been violated or breached in any manner that indicates infringement, then You can contact Us at contact@popzo.app with complete details.
11.23. We reserve the right to remove access to Content that we believe or have reason to believe is violating the intellectual property rights of Popzo or any other User(s). We will send a copy of any infringement claim.
12. CHANGES TO TERMS OF USE/SERVICE
12.1. Popzo may revise, alter and update these Terms of Use/Service at any time. Your continued usage of the Website after any changes to these Terms of Use will be deemed as acceptance of such changes. Any aspect of the Website may be changed, supplemented, deleted, altered or updated without notice, at the sole discretion of Popzo. Popzo may also change or impose fees for usage of the Platform at any time, at its sole discretion. Popzo may establish or change, at any time, general practices and restrictions concerning other Popzo services and accounts at its sole discretion.
13. POPZO'S RIGHTS
13.1. Popzo reserves the following rights –
i. Popzo reserves the right to remove the User account and/or User Content without notice if it violates any of the provisions of this Agreement. ii. We reserve the right to protect our interests by denying you access to our website or service, terminating contracts, and reporting any misconduct to the appropriate authorities if you are involved in or suspected of the following:
a. violating laws, regulations, or these terms; b. infringing on third-party rights; c. significantly impairing our legitimate interests; d. offending us or any third party.
iii. Popzo at its sole discretion may modify, terminate, or refuse to provide Services at any time, if any individual or entity represented by the individual is found to be in violation of the Terms of Use or any applicable laws within the territory of India.
iv. Popzo shall have no obligation to monitor any Content on the Platform, including the interaction between Creators, Subscribers and Popzo employees.
v. Popzo reserves the right to retain a copy of Your Content after termination for limited purposes. For these limited purposes, You grant Us a non-exclusive, perpetual, irrevocable license to retain a copy of Your Content.
vi. Popzo at its sole discretion may modify, terminate, suspend or alter any provision of this Agreement at any time. Your continued use of the Platform would indicate acceptance of any such change(s).
14. USER RIGHTS
14.1. The Users have the following rights under this Agreement -
i. Rights as per DPDPA: Users shall have the same meaning, rights and obligations as stated in 'Chapter III' of the Digital Persons Data Protection Act ("DPDPA") of 2023 in terms of data protection and privacy rights.
ii. Withdrawal from Agreement: Unless any exceptions apply, you have the right to withdraw from this contract within the specified period of 30 days without giving any reasons whatsoever.
iii. Withdrawal Period: To withdraw from a contract, you must inform us via email clearly of your decision. This can be done using a withdrawal form or any other clear statement. Make sure to do this before the withdrawal period ends.
15. TERMINATION OR SUSPENSION
15.1. You agree that Popzo, at its sole discretion, may terminate or suspend Your account on its Platform, if it violates any of the provisions outlined in this Agreement.
15.2. We will notify You of the reason for the termination or suspension of Your account by Popzo. You will not be notified in the following instances, we believe would –
i. Violate the law or the direction of a legal enforcement authority or any order passed by any court of law within the territory of India; ii. Compromise an investigation; iii. Compromise the integrity, operation or security of the Platform; or iv. Cause harm to any User, other third party, Popzo, our subsidiaries or our affiliates.
15.3. The suspension or termination of User accounts does not entitle You to claim any compensation, damages, or reimbursement. Furthermore, the suspension or termination of accounts due to causes attributable to you does not exempt You from paying any applicable fee(s).
Account Deletion by User
15.4. You can delete Your account at any time by writing an email to us. In the event of account deletion, Your Content may become unavailable and irrecoverable regardless of the reason. Popzo is not responsible for the loss of such Content following deletion. We shall not be liable to any party for the inability to access the Content resulting from any account deletion.
15.5. A Creator shall ensure that all pending payments, refunds, subscriptions, monetary obligations, delivery of digital items and other purposes have been cleared, completed and closed. Any obligations towards another User or the Platform shall be completed. The Creator shall inform his subscribers regarding the deletion of their Account 5 (five) days prior to it, to ensure no confusion is caused among the Users.
15.6. In case a User deletes their Account on the Platform without completing their pending obligations to another User or the Platform shall be liable to pay a monetary fine equivalent to the obligation owed.
Provisions after Termination of Agreement
15.7. Our agreement will continue in effect until it is terminated by either Our Platform or You. Upon termination, the provisions contained in this document that by their context are intended to survive termination will survive, including but not limited to the following –
i. Your grant of licenses under this document will survive indefinitely; ii. Your indemnification obligations will survive for five (5) years from the date of termination; iii. The disclaimer of warranties and representations, and the stipulations under the section containing indemnity and limitation of liability provisions, will survive indefinitely.
16. DISPUTES
16.1. Any legal claim, obligation or dispute arising out of or relating to this Agreement, or the breach thereof, shall be settled by alternate dispute resolution. The mode of such can be physical or online, as found to be convenient due to any reason.
16.2. Each party shall bear its own cost. Popzo shall also have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief against you in the event that, in the opinion of Popzo, such action is necessary or desirable.
Governing Law and Jurisdiction
16.3. To the fullest extent permitted by law, these Terms of Use/Service are governed by the internal laws in India and courts in Bengaluru (Karnataka), India will have jurisdiction.
17. APPLICABLE LAW AND COMPLIANCE
17.1. This Terms of Use shall be governed by the legislation, judicial orders, court mandates and gazetted notifications as issued and applicable in the territory of the Republic of India. The governing laws for this Agreement are (but are not limited to) the Consumer Protection Act of 2019, the DPDPA of 2023, the IT Act of 2000, The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules of 2021 Prevention of Money Laundering Act, and any subsequent rules, amendments, and judicial orders in relation such statues or any other applicable statutes.
Creator or Subscriber based in India
17.2. If you are a Creator located in India and accessing the Platform from India, or a Subscriber accessing Content created by a Creator located in India, then, in the unlikely event of a dispute between us, this Agreement shall be governed by and interpreted in accordance with the laws of India. Both You and We agree to submit to the exclusive jurisdiction of the courts in Gurugram, India.
Creator or Subscriber based outside India
17.3. If You are a –
i. Creator based outside the territorial limit of India and accessing the Platform from there, or ii. Subscriber accessing Content of a Creator located outside the territory of India,
then in the event of a dispute or any other legal obligation arising between us, this Agreement shall be governed by the laws of India. Both You and We agree to submit to the exclusive jurisdiction of the courts in Gurugram, India.